lost volume seller
lost-volume seller. A seller of goods who, after a buyer has breached a sales contract, resells the goods to a different buyer who would have bought identical goods from the seller’s inventory even if the original buyer had not breached. • Such a seller is entitled to lost profits, rather than contract price less market price, as damages from the original buyer’s breach. UCC § 2-708(2). [Cases: Sales 384(1, 7). C.J.S. Sales §§ 363, 365–366.]
